In the Aftermath of Google Spain: How the ‘Right to Be Forgotten’ is Being Shaped in Spain by Courts and the Data Protection Authority

Abstract

This article examines how the so-called ‘right to be forgotten’ is being applied in Spain after the CJEU landmark ruling in the Google Spain case. As of July 2015, a rich body of case law is already available, with more than 200 decisions issued by the Data Protection Authority in cases lodged after Google Spain, and over 70 court rulings handed down by the Audiencia Nacional and other courts. That case law illustrates how the scope and limits of this right are being defined in practice; how the different groups of cases are being dealt with; and how courts and the Data Protection Authority — sometimes with conflicting approaches — are facing the problem of finding an appropriate balance in the difficult cases.

Keywords: right to be forgotten, data protection, Google Spain, search engines